SIRT again seeking independent oversight body to investigate police conduct in Assoun case

The Serious Incident Response Team (SIRT) in Nova Scotia is seeking an independent oversight body to investigate whether there was criminal police misconduct during the period before the appeal of Glen Assoun’s conviction.

Assoun died in June at the age of 67 after spending nearly 17 years in prison following a wrongful conviction in the 1995 murder of Brenda Way, his former partner.

Assoun was convicted in 1999 by the Nova Scotia Supreme Court and sentenced to life in prison with no chance of applying for parole for 18 years.

The Halifax man spent 16 years and eight months in prison, all the while maintaining his innocence.

In 2014, the federal Justice Department determined there could have been a miscarriage of justice and an in-depth investigation was ordered before Assoun was released from prison on conditions.

Then in 2019 it was revealed that a joint RCMP-Halifax Regional Police unit had destroyed evidence regarding alternative suspects before Assoun’s unsuccessful appeal in 2006.

The conviction was overturned.

In September 2020, then-Nova Scotia Justice Minister Mark Furey asked SIRT to investigate whether there was criminal misconduct by the police in the period before Assoun’s 2006 appeal.

Then-SIRT director Felix Cacchione determined the investigation should be handled by the investigations office in B.C., “in the interest of transparency.”

In March 2021, SIRT engaged the Independent Investigations Office of British Columbia (IIOBC) to investigate allegations that the RCMP in Nova Scotia inappropriately destroyed evidence that was used in the 1999 wrongful murder conviction of Glen Assoun. 

The investigation was also to examine whether any member of the Halifax Regional Police committed any offence related to this conviction.

On April 18, 2023, the IIOBC provided notice that due to significant workload and resource issues that it would not be able to continue its investigation. 

Since then, SIRT has been seeking another independent agency to take on the investigation. 

Interim SIRT director Erin Nauss said in a news release Thursday that the Nova Scotia police oversight agency is committed to transparency and accountability and is actively exploring all options to ensure that an independent investigation is undertaken.

In March 2021, Assoun and his lawyers reached a compensation agreement with the federal and Nova Scotia governments for his wrongful conviction and incarceration but details of the agreement were deemed confidential.

Assoun had said months earlier that he feared he would die before governments offered him compensation for his time in prison, saying at the time that he was told by doctors that his coronary system was operating at one-third of its normal capacity.

Assoun’s lawyers, Sean MacDonald and Philip Campbell, had said he would be seeking a multimillion-dollar settlement from the province, federal government and Halifax Regional Police.

Assoun’s lawyers did not put a specific amount on compensation sought but used Omar Khadr’s $10.5-million settlement from the Canadian government in 2017 as a benchmark. 

Khadr, a  native of Canada, was 15 years old when he was imprisoned at Guantanamo Bay for killing a U.S. soldier during the Afghanistan war. He was detained for 10 years and afterward sued the government for violating his rights.

Assoun left behind “cherished memories, a legacy of love and music, and an enduring fight for truth and justice,” his obituary read.

“Despite maintaining his innocence with conviction, the system failed him, robbing him of freedom for years and his family (of) precious time.

“Glen faced the adversity with unimaginable strength and unwavering belief in his innocence. In the darkest of moments he held fast to the hope that the truth would set him free.”